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Application of the In-fill Affordable Housing Bonus Provisions to Low and Mid-Rise Housing Areas
When the second stage of the low and mid-rise housing reforms commenced on 28 February 2025, the instrument that amended the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) did not make the in-fill affordable housing bonus provisions in Chapter 2…
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Further Consideration of the Approach to Calculating Gross Floor Area
A recent decision of the Land and Environment Court considers how the definition of ‘gross floor area’ (GFA) in the Standard Instrument Local Environment Plan (Standard Instrument) operates in respect of lifts and access to car parking areas. Gross Floor…
Commencement of amendments to the Biodiversity Conservation Act 2016
Amendments to the Biodiversity Conservation Act 2016 commenced today, following assent being given to the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 in December 2024 (Amending Act). We detailed the amendments to the Act in our earlier post here. Some…
Review of the Companion Animals Act 1998
Yesterday, the NSW Government announced a review of the Companion Animals Act 1998 (CA Act). The CA Act sets out the duties and responsibilities of owners of companion animals and allows for enforcement action by local councils. The CA Act was…
ALERT: Amendments to the EPA Act introduced to NSW Parliament proposing housing targets, changes to concept development & affordable housing conditions, modification applications for the bare deletion of conditions & more
Yesterday, a Bill to amend the Environmental Planning and Assessment Act 1979 (Act) was introduced by the Minister for Planning and Public Spaces to NSW Parliament. The Minister stated that the Bill is to support the delivery of housing and…
NSW Government releases the Industrial Lands Action Plan
On 24 January, the NSW Government released the Industrial Lands Action Plan (Plan). The Plan aims to establish a coordinated, statewide approach to planning, securing and managing the supply of industrial lands across NSW. In the Plan the term ‘industrial…
Amendments to create 7 TOD Accelerated Precincts commence
In July the NSW Government identified 8 ‘Transport Oriented Development accelerated precincts’ where it proposed to fast-track rezonings to boost housing supply near major transport hubs. It was announced on Monday that changes to planning controls would commence today for…
ALERT: Bill to reform the biodiversity offsets scheme passed in the first step to make NSW ‘nature positive’
On Friday the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 (Bill) was passed by NSW Parliament. The Bill will significantly amend the Biodiversity Conservation Act 2016 (BC Act) on a date to be proclaimed. The Bill follows a 2023…
Release of Report on the Inquiry into the Development of the Transport Oriented Development Program
Last week the NSW Legislative Council’s Portfolio Committee No. 7 – Planning and Environment released its report into the Development of the Transport Oriented Development (TOD) Program (TOD Inquiry). The TOD Inquiry was self-referred by the Committee. The terms of reference…
The LEC describes what constitutes ‘adequate arrangements’ to make essential services available when required
A number of local environmental plans have an ‘essential services’ clause that requires a consent authority to be satisfied that services that are essential for development (commonly the supply of water or electricity, disposal of sewage, etc.) are available or…
NSW Government passes Bill creating new governance structure for ‘Rural and Remote Councils’
Last week the Local Government Amendment (Rural and Remote Councils) Bill 2024 (Bill) was passed by NSW Parliament. Once it commences, the Bill will insert a new Schedule 11 to the Local Government Act 1993 (LG Act) that will create a…
ALERT: Bill to reform the biodiversity offsets scheme introduced to NSW Parliament
A Bill to reform the biodiversity offsets scheme (BOS) established by the Biodiversity Conservation Act 2016 (BC Act) was introduced to NSW Parliament today. The Bill is the NSW Government’s first step in delivering the NSW Plan for Nature, which acknowledged that…